(1) The area planning commission created hereunder, when accepted by the cities and
counties affected as provided for herein, shall then be a political subdivision and
shall be in perpetual existence, with power to sue and be sued, contract and be
contracted with, incur liabilities and obligations, levy an annual tax, which shall not
exceed more than five cents ($0.05) upon each one hundred dollars ($100) of the
assessed valuation of property within the counties affected, to be used for the
purpose of defraying all expenses necessary and incidental to carry out the
continuing activities of the area planning commission. This tax shall be certified to
the auditors and county clerks of the various counties and by them to the respective
treasurers of the counties, signator to the contract provided for in KRS 147.620. The
tax shall be based upon the last preceding assessment for state and county purposes.
Its collection shall be imposed upon all property within the counties participating
and shall conform to the collection of taxes for counties and the same provisions
concerning the nonpayment of taxes shall apply. The tax shall be added by the
county clerk to the next state and county tax bill following the levy of the tax by the
area planning commission, and shall be collected concurrently with state and county
taxes. The sheriff shall be allowed a fee not to exceed four percent (4%) for
collection.
(2) In the performance of its duties, the area planning commission may cooperate with,
contract with, or accept funds from federal, state, or local public or semipublic
agencies, or private individuals or corporations within or without the
Commonwealth, may expend such funds and may carry out such cooperative
undertakings and contracts.
History: Amended 1968 Ky. Acts ch. 168, sec. 1. -- Created 1960 Ky. Acts ch. 248,
sec. 6.
Notes of Decisions
N. Kentucky Area Plan. Comm'n v. Cloyd, 332 S.W.3d 91 (Ky. Ct. App. 2010).
· cites it 4× “670 designate the membership of all area planning commissions and describe the commissions’ powers and duties of governance, and KRS 147.660 establishes the corporate nature of the commissions.”
N. Kentucky Area Plan. Comm'n v. Hensley, 468 S.W.2d 293 (Ky. Ct. App. 1971).
· cites it 6× “710, proceeded on claimed authority of KRS 147.660 to levy a tax in excess of the limit fixed for taxing districts by the “Roll-Back” law of 1965.”
Kling v. N. Kentucky Area Plan. Comm'n, 654 S.W.2d 606 (Ky. 1983).
· cites it 3× “The Commission is a political subdivision created under authority of KRS 147.660 et seq., to perform planning functions in Kenton and Campbell Counties.”
Louisville & Jefferson Cnty. Metro. Sewer Dist. v. Mark D. Hill (Ky. 2020).
“Cloyd, in which the court, when faced with the issue of whether a planning commission was considered an “employer” under the Whistleblower Act, held that under the plain language of KRS 147.660(1), “‘political subdivision’ presumes a political subdivision ‘of the Commonwealth’”…”
Mark Hill v. Louisville & Jefferson Cnty. Metro. Sewer Dist. (Ky. 2020).
“Cloyd, in which the court, when faced with the issue of whether a planning commission was considered an “employer” under the Whistleblower Act, held that under the plain language of KRS 147.660(1), “‘political subdivision’ presumes a political subdivision ‘of the Commonwealth’”…”
Louisville & Jefferson Cnty. Metro. Sewer Dist. v. Mark D. Hill (Ky. 2020).
“Cloyd, in which the court, when faced with the issue of whether a planning commission was considered an “employer” under the Whistleblower Act, held that under the plain language of KRS 147.660(1), “‘political subdivision’ presumes a political subdivision ‘of the Commonwealth’”…”
— Ky. Rev. Stat. § 147.660(1) — 6 cases
N. Kentucky Area Plan. Comm'n v. Cloyd, 332 S.W.3d 91 (Ky. Ct. App. 2010).
“670 designate the membership of all area planning commissions and describe the commissions’ powers and duties of governance, and KRS 147.660 establishes the corporate nature of the commissions.”
Louisville & Jefferson Cnty. Metro. Sewer Dist. v. Mark D. Hill (Ky. 2020).
“Cloyd, in which the court, when faced with the issue of whether a planning commission was considered an “employer” under the Whistleblower Act, held that under the plain language of KRS 147.660(1), “‘political subdivision’ presumes a political subdivision ‘of the Commonwealth’”…”
Mark Hill v. Louisville & Jefferson Cnty. Metro. Sewer Dist. (Ky. 2020).
“Cloyd, in which the court, when faced with the issue of whether a planning commission was considered an “employer” under the Whistleblower Act, held that under the plain language of KRS 147.660(1), “‘political subdivision’ presumes a political subdivision ‘of the Commonwealth’”…”
Louisville & Jefferson Cnty. Metro. Sewer Dist. v. Mark D. Hill (Ky. 2020).
“Cloyd, in which the court, when faced with the issue of whether a planning commission was considered an “employer” under the Whistleblower Act, held that under the plain language of KRS 147.660(1), “‘political subdivision’ presumes a political subdivision ‘of the Commonwealth’”…”
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